The one true gun law loophole
Every time gun control fails in a high-gun-control state or gun-free zone, the left’s solution is doubling down on failure. After the San Bernardino murders, the left has decided to do what they always do: use the murders to enact more gun bans that have nothing to do with stopping future San Bernardino shootings. For example, Bernie Sanders and his followers are pushing a bunch of items, every single specific one of which already exists in California or already exists everywhere in the United States.
- Significantly expand and improve background checks.
- Renew the federal rifle ban.
- End the sale of high capacity magazines.
- Make gun trafficking a federal crime.
- Close the gun show loophole.
- Close the loophole that allows domestic abusers and stalkers to obtain guns.
The killers were not on any watch list. Expanding the background checks would not have stopped them, not unless the “expanded and improved” background checks would also stop everyone else who does not appear on any watch list.1 Unless they explain what they mean by this, it means nothing. Even if they had been on a watch list, they had connections with international terrorists. They would have had no problem circumventing a watch list. Improving the background check process is not actually a bad idea, as long as “improve” isn’t code for “delay and deny the law-abiding” as it usually is.2 But it would not have stopped these murders.
California already has renewed the federal rifle ban. The San Bernardino killers’ guns were legally purchased in California, which has adopted and extended the federal ban. If it was legal in California it would have been legal under the expired federal law. Nor is there anything special about the model of rifles they used. They were just rifles, based off an old design easily manufactured anywhere in the world. Renewing the federal rifle ban would not have stopped these murders.
California already bans more than ten rounds per magazine. Magazines are very simple devices and easily modified—which is what news reports are currently claiming the killers did—or even manufactured. Banning high-capacity magazines would not have stopped these murders.
Gun trafficking is already a federal crime. Straw purchases are already against federal law, as is lying on federal forms. The laws just aren’t enforced. The so-called gun trafficking bills that have been introduced recently merely change the title of the crimes and increase the penalties under the strange assumption that more laws the feds won’t enforce, under a new name, will stop criminals more effectively than current unenforced laws. New laws that won’t be enforced wouldn’t have stopped these murders.
There is also no gun show loophole—there is no exemption to firearms laws for gun shows. Anyone telling you otherwise is lying to you.
California already bans domestic abusers and stalkers from owning or acquiring firearms as soon as they are placed under a protective order and forever after they are convicted. This did not stop the San Bernardino terrorists, nor is it clear how it could have. The real abuse loophole, however, is that the law is so strict that even the abused and the stalked are often forbidden from purchasing firearms. If there’s a loophole, it is that domestic abusers can use the same law that keeps them from getting firearms to keep their victims from getting firearms. If you want to close the domestic abuse loophole, exempt victims of domestic violence from the waiting periods that help their abusers kill them. Domestic abusers/stalkers are easily able to purchase firearms on the black market, something their victims are rarely willing to break the law to do.
And that is the biggest loophole of all: criminals are criminals because they are willing to break the law. Laws against buying firearms by definition only apply to the law-abiding.
But even assuming magical criminals who are unwilling to break the law, none of these would have made any difference whatsoever in San Bernardino.
The President has even recommended, during a national debate on illegal immigration, Australian-style gun confiscation—after yet another killing in a gun-free zone. This is the logic of the left: deporting ten million criminals is logistically impossible, but going to every law-abiding home in the country to collect three hundred million firearms in Australian-style gun confiscation, that’s “worth looking at.”
I’m currently reading Thomas Sowell’s Intellectuals and Society, and ran across his discussion of the leftist intelligentsia’s passion for gun control in the face of all empirical evidence:
Like so many ideas among the intelligentsia, the zeal for gun control laws has defied years of mounting evidence of their futility and counterproductive consequences. For example, a scholarly study in 2001 found that “the use of handguns in crime rose by 40 per cent in the two years after such weapons were banned in the UK.”
…
As gun control laws were made ever tighter in Britain toward the end of the twentieth century, murder rates rose by 34 percent, while murder rates in Canada and the United States were falling by 34 percent and 39 percent, respectively. Murder rates in France and Italy were also falling, by 25 percent and 59 percent, respectively. Britain, with its strong anti-gun ideology among the intellectual and political elites, was an exception to international trends. Meanwhile, Americans’ purchases of guns increased during this same period, gun sales surging “to a peak in 1993 of nearly 8 million small arms, of which 4 million were handguns.” Far from leading to more murders, the this was a period of declining murder rates in the United States. Altogether, there were an estimated 200 million guns in the United States, and rates of violent crimes were lowest where there was the highest incidence of gun ownership. The same has been true of Switzerland.
Yet none of them this has caused second thoughts about gun control among either the American or British intelligentsia.
The people trying to push these changes don’t care about stopping future San Bernardinos. They are oppportunistic gun banners using the blood of victims they disarmed to disarm more people—and create more victims.
In response to U.S. homicide rate compared to gun control measures: Extrano’s Alley lists the U.S. homicide rate from 1885 to 1940, and somebody else puts it into a chart.
Further, the left’s talk about the “no-fly” list is itself a lie. When they actually went to write a bill, they based it not on the no-fly list (itself a misnomer, as people flagged by it can get around it to fly) but on the even more ridiculously-named “terrorism watch list” which contains twenty times as many names, by far most of which are not barred from flying at all. That list includes some people whose main sin appears to be disagreeing with the left, such as Weekly Standard writer Stephen Hayes, as well as actual Department of Homeland Security staff.
↑The no-fly list itself is a joke. If we know they are terrorists, why are they allowed to run free? It is far too easy to add people to the list, and people who are clearly not terrorists have found it impossible to get removed from the list. Using it to deny or delay a constitutional right would be even more egregious than using it to deny or delay air travel.
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- The Deadly Consequences of Draconian Gun Laws: Charles C. W. Cooke at National Review Online
- “Carol Brown is dead—murdered in cold blood on her own property by a violent criminal who would not be restrained by good intentions. But there is no smoking gun, because she lived and died in New Jersey… abiding by the rules cost Bowne her life.”
- The Facts About Gun Shows: David B. Kopel at The Cato Institute
- “But if the voters learn the facts about gun shows, they will discover that there is no gun show loophole, no gun show crime problem and no reason to adopt federal legislation whose main effect would be to infringe on First and Second Amendment rights.”
- Feds Fail to Enforce Gun Trafficking Laws, Congress Re-Introduces New Legislation Anyway: Katie Pavlich
- “Cartels get their firearms for cheap through Chinese or South American sources, not from U.S. gun stores. That is of course unless ATF is forcing law abiding gun dealers to sell thousands of guns to Mexican cartels through operations like Fast and Furious. Further, many of the guns ‘traced’ back to the United States got into Mexico through government sales to the Mexican military. Those firearms are often lost or stolen in a corrupt system and end up being used by cartels for violence.”
- Intellectuals and Society
- Thomas Sowell details the verbal virtuosity by which the left tries to avoid empirical evidence.
- White House Immediately Politicizes Oregon Shooting, Calls For More Gun Control at The Federalist
- “As a condition of enrollment, Umpqua Community College requires students to adhere to a strict code of conduct. The school specifically lists possession of a firearm as a violation of the student code of conduct. The document specifically lists 40 specific behaviors which the school says would constitute a violation of its conduct rules. Possession of a firearm anywhere on campus, or at any event sponsored or supervised by the school, regardless of location, without the express written authorization of school administrators is listed at number 19.” (Memeorandum thread)
- Why Americans distrust Obama’s refugee policy
- The reason states are taking immigration law into their own hands is that the federal government isn’t doing its job. The reason this is politically popular is that Americans can see how dangerous the federal government’s policy of ignoring illegal immigration criminals is.
More Eloi class
- The Life of Stephen A. Douglas
- Where Abraham Lincoln’s conservative principles made a flawed man better, Stephen A. Douglas’s belief in the responsibility of government elites for managing lesser men made him far worse.
- Mitt Romney Day 2020: Coronavirus Calvinball
- The competition for the Mitt Romney Day award in 2020 became dangerously competitive come March, as contestants worked hard to kill the most jobs, the most small businesses, the most lives. But there can be only one winner.
- The new barbarism: A return to feudalism
- The progressive left seems to have no concept of what civilization is, and of what undergirds civilization.
- The Tyranny of the New York Times
- The New York Times joins CNN in its totalitarian views of the use of rules.
- Was Weinstein treated better than Spacey because his accusers were women?
- Both Weinstein and Spacey got a pass for a long time. We know more about Weinstein because he was caught earlier, and that’s it. Maybe it’s past time to drain the swamps of Hollywood, the entertainment industry in general, and similar cultures of deception such as in Washington DC.
- 25 more pages with the topic Eloi class, and other related pages
More gun control
- The Uplifters vs. the Forgotten Man
- From H.L. Mencken in the Baltimore Evening Sun, November 30, 1925.
- The left doesn’t believe red flag laws stop crime
- If the left believed that red flag laws target criminals, they wouldn’t take the guns. They’d take the criminals. Red flag laws are designed to be abused.
- Why do gun owners think the left wants to take our guns?
- Gun owners think the left wants to take away guns because the left keeps refusing commonsense gun laws in favor of laws that ban guns.
- Civil rights vs. showboat killers
- If we want to take away people’s civil rights to stop the showboat killers that seem to have proliferated since Columbine, is it worth it?
- The Vicious Cycle of Mass Murders
- We now know what went wrong. Let’s ignore the ghouls on Facebook and fix it.
- Nine more pages with the topic gun control, and other related pages
More gun-free zones
- The Vicious Cycle of Mass Murders
- We now know what went wrong. Let’s ignore the ghouls on Facebook and fix it.
- Hero stops local mass shooting
- Nation has no need to grieve, goes on watching sports and talking about election trivialities. Social media finger nannies hardest hit.
More institutional Left
- The left’s hatred of business is a lie
- The left doesn’t hate business. They hate you and me.
- Roundup of Reactions to the Democrat’s Latest Corrupt Lawfare
- There can be no comity in the face of corruption the size of New York’s and DC’s. Lawfare is war, and it must be treated like war.
- Why does the Institutional Left hate Israel so much?
- The institutional Left doesn’t hate only Israel. They hate any ethnic group that rebels against enslavement by the Left.
- Illinois Nazis and Lincoln’s Democrats
- An anecdote about other people’s money and other people’s time that I’ve had sitting around for a while.
- On education, the left is mired in the fifties
- Why don’t schools have locked doors? Because when it comes to education, especially K-12, the left, as in so many things, is mired in the distant industrialized assembly-line past.
- 17 more pages with the topic institutional Left, and other related pages